1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On January 14, 2016, the Plaintiffs entered into a sales contract with the Defendants to purchase land E and its ground (hereinafter “instant real estate”) in Busan Dong-gu, Busan (hereinafter “instant real estate”) in KRW 465,00,000 (hereinafter “instant contract”), and completed the registration of ownership transfer on March 25, 2016.

B. At the time of the instant contract, there was an illegal building (hereinafter “instant illegal building”) equivalent to 24.7 square meters on the first floor and the fourth floor of the instant real estate (1st 8.5 square meters and 16.2 square meters) (hereinafter “the instant illegal building”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including branch numbers in case of additional number), Eul evidence 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. In the event that the subject matter of the sale and purchase liability lacks objective performance expected in light of the transaction norms, or the subject matter of the sale and purchase liability lacks objective performance, the seller bears the warranty liability for the buyer due to the defect.

The existence of such a defect must be determined at the time of establishment of a sales contract.

(2) In light of the contents of the foregoing defects, causes, and the time when the contract of this case was concluded, etc., the plaintiffs requested the defendants to perform waterproof construction as water leakage occurred in the illegal building of this case. However, the defendants failed to perform this, and the plaintiffs received an order to correct the illegal building of this case from the head of the Dong on March 15, 2017. In light of the contents of such defects, causes, and the point of time when the contract of this case was concluded, the real estate of this case is defective that the illegal building of this case must be removed in accordance with the corrective order of the administrative agency, and there is a defect in quality or performance that is ordinarily equipped with the trade, and such defect existed at the time of conclusion of the contract of this case.

Therefore, the Defendants are against the Plaintiffs.